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STATE v. BETHEA

243 N.J. Super. 280 (1990)

579 A.2d 341

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. AARON BETHEA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 1990.

Attorney(s) appearing for the Case

Merrill N. Rubin argued the cause for appellant (Hayden, Perle and Silber, attorneys; Merrill N. Rubin on the brief).

Anthony Scordo, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Marijean Raffetto Stevens, Deputy Attorney General, of counsel and on the brief).

Before Judges BILDER and STERN.

PER CURIAM.

Tried to a jury, defendant was convicted of possession of heroin, N.J.S.A. 2C:35-10a(1) (count one); possession of heroin with intent to distribute, N.J.S.A. 2C:35-5a(1) (count two); and possession of heroin with intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count three). The trial judge merged the first count into the second and sentenced defendant thereon to the custody of the Commissioner of Corrections...

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